A defendant's double jeopardy rights are violated if he or she is retried for the same offense:

Question

Quizplus · Accepted Answer

None of the scenarios presented violate a defendant's double jeopardy rights.

A: The federal government and state governments are separate sovereigns, so being acquitted in a state court does not prevent the federal government from prosecuting the defendant for the same offense.

B: If a mistrial is granted for reasons of manifest necessity, such as a hung jury or a prejudicial error, the defendant can be retried without violating double jeopardy.

C: Similarly, if the jury at the first trial was unable to reach a unanimous verdict, the defendant can be retried without violating double jeopardy.

A Defendant's Double Jeopardy Rights Are Violated If He or She